SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 5PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Further information

45.—(1) In relation to any part of an application made under Part 1, Part 2 or Part 4 of this Schedule, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable the discharging authority to consider the application.

(2) If the discharging authority considers that further information is reasonably necessary, and the application for approval does not give rise to consultation with another body under either the paragraph concerned or paragraph 44(1)(a), or as a result of paragraph 44(2), then the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information reasonably required.

(3) If the paragraph concerned specifies that consultation with a consultee is required, or the discharging authority elects to consult a Part 5 consultee under paragraph 44(1), then the discharging authority must—

(a)issue the application to the consultee within five business days of receipt of the application;

(b)allow the consultee the following period of time, as relevant, to notify the discharging authority whether, acting reasonably, the consultee requires further information to consider the application—

(i)15 business days, from the date on which the views of consultees are sought, for an application under paragraph 6 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

(ii)10 business days, from the date on which the views of consultees are sought, for any other application under Part 1, Part 2 or Part 4 of this Schedule; and

(c)notify the undertaker in writing specifying any further information reasonably requested by the discharging authority or any consultee (as the case may be) within—

(i)25 business days of receipt of an application under paragraph 6 of Part 2 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

(ii)20 business days of receipt of any other application under Part 1, Part 2, or Part 4 of this Schedule.

(4) If the discharging authority does not give notification of a request for further information to the undertaker within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to subsequently request further information without the prior agreement of the undertaker.

(5) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 37 (applications made under requirements) and in this paragraph.